# C_2009180EN.01001401.xml

| 1.8.2009 | EN | Official Journal of the European Union | C 180/14 |
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1.8.2009

EN

Official Journal of the European Union

C 180/14

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Judgment of the Court (Third Chamber) of 4 June 2009 (reference for a preliminary ruling from the Sozialgericht Nürnberg — Germany) — Athanasios Vatsouras (C-22/08), Josif Koupatantze (C-23/08) v Arbeitsgemeinschaft (ARGE) Nürnberg 900

(Joined Cases C-22/08 and C-23/08) (1)

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(European citizenship - Free movement of persons - Articles 12 EC and 39 EC - Directive 2004/38/EC - Article 24(2) - Assessment of validity - Nationals of a Member State - Professional activity in another Member State - Level of remuneration and duration of the activity - Retention of the status of ‘worker’ - Right to receive benefits in favour of job-seekers)

2009/C 180/22

Language of the case: German

Referring court

Referring court

Sozialgericht Nürnberg

Parties to the main proceedings

Parties to the main proceedings

Applicants: Athanasios Vatsouras (C-22/08), Josif Koupatantze (C-23/08)

Applicants:

Defendant: Arbeitsgemeinschaft (ARGE) Nürnberg 900

Defendant:

Re:

Re:

Reference for a preliminary ruling — Sozialgericht Nürnberg — Legality of Article 24(2) of Directive 2004/38 of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p.77) — Interpretation of Article 12 EC and Article 39 EC — Right to social assistance benefits of a national of another Member State who is unemployed and has previously been in minor employment in the Member State concerned — National rules excluding nationals of other Member States from receipt of social assistance where the maximum period of residence referred to in Article 6 of Directive 2004/38/EC has been exceeded and there is no other right of residence.

Operative part of the judgment

Operative part of the judgment

| 1. | With respect to the rights of nationals of Member States seeking employment in another Member State, the consideration of the first question has not disclosed any factor which might affect the validity of Article 24(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC; |
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1.

With respect to the rights of nationals of Member States seeking employment in another Member State, the consideration of the first question has not disclosed any factor which might affect the validity of Article 24(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC;

| 2. | Article 12 EC does not preclude national rules which exclude nationals of Member States of the European Union from receipt of the social assistance benefits granted to nationals of third countries. |
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2.

Article 12 EC does not preclude national rules which exclude nationals of Member States of the European Union from receipt of the social assistance benefits granted to nationals of third countries.

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(1)  OJ C 107, 26.4.2008.

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